Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
Co-operative deduction eligibility excludes refund and commercial-bank interest, while qualifying co-operative investments require entity-wise verific...
Enhanced tax rate on surrendered unexplained income applies prospectively, while cash-deposit telescoping requires verification of available surrender...
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The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
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